Durbin: Today, I am putting those participating in “Operation Midway Blitz” on notice; you will be held accountable for unlawful actions
WASHINGTON – In a speech on the Senate floor, U.S. Senate Democratic Whip Dick Durbin (D-IL), Ranking Member of the Senate Judiciary Committee, announced he, along with U.S. Senator Tammy Duckworth (D-IL), have submitted a criminal referral to the Justice Department regarding the unlawful actions of senior Administration officials and federal immigration agents in “Operation Midway Blitz.” The Trump Administration repeatedly appears to have violated the constitutional rights of individuals in Illinois during “Operation Midway Blitz,” and the officials responsible for these violations are acting with impunity.
Durbin said, “Earlier this year, the Trump Administration began a calculated show of political theater and force designed to spread fear and terror in Illinois communities. Masked federal agents pepper sprayed, punched, body slammed, and even shot individuals, including U.S. citizens, during violent immigration enforcement actions… They deployed tear gas canisters against clergy, broke into apartments, and zip-tied children.”
Durbin continued, “President Trump has not gone after ‘the worst of the worst,’ as he promised—instead, he has brought some of the worst, most unprofessional, and most poorly trained federal law enforcement officers and agents into our city. Because of his so-called ‘Operation Midway Blitz,’ children are afraid to go to school, businesses are closing, and families are being torn apart. Yet the Trump Administration has shown no regret. They are reveling in the fear and chaos they have created. Just look at Border Patrol official Gregory Bovino.”
On Tuesday, Bovino returned to Chicago after leaving last month to bring his campaign of fear to North Carolina and New Orleans. As soon as he arrived back in Chicago, Bovino went to the picket line of Local 705 Teamsters at Mauser Packaging Solutions.
Durbin said, “Bovino brought federal agents to the line to intimidate and interrogate these workers. He laughed in their faces as they demanded better working conditions. In court testimony, Mr. Bovino has praised federal agents’ use of excessive force as ‘exemplary,’ even after multiple U.S. citizens were hospitalized following their encounters with his federal agents.”
Durbin continued, “When addressing federal agents prior to a confrontation with peaceful protesters, Mr. Bovino stated ‘If someone strays into a pepper ball, then that’s on them.’ Bovino has teargassed peaceful crowds, encouraged his agents to fire pepper balls at protestors, and threatened to go ‘even harder on the streets,’ when federal judges dare to order him to follow the law. But Mr. Bovino is not alone in his cruelty. Many Trump Administration officials have been posting and gloating about these clear violations of individuals’ constitutional rights.”
Under 18 U.S.C. § 242, it is a federal crime for any person acting “under color of any law, statute, ordinance, regulation, or custom” to “willfully subject[] any person . . . to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States.” Anyone who willfully violates another person’s Fourth Amendment rights by engaging in warrantless arrests or use of excessive force under color of law may be held liable under Section 242. If this Administration fails to pursue charges, the statute of limitations will permit the next Administration to prosecute officials who acted unlawfully.
Durbin noted that while the Supreme Court’s decision in Trump v. United States may have immunized President Trump personally from prosecution, it provided no such protection for his lackeys.
Durbin said, “The Trump Administration officials responsible for the use of excessive force or unlawful detentions may face criminal consequences for their role in ‘Midway Blitz.’ That is why today my colleague Senator Duckworth and I have submitted a criminal referral to the Justice Department regarding the unlawful actions of senior Administration officials and federal immigration agents in ‘Operation Midway Blitz.’”
Durbin noted a Border Patrol agent shot a Chicago woman multiple times. Body-camera video reportedly shows the agent threatening the woman, prior to shooting her. Afterwards, he bragged in text messages to other agents about shooting the woman, writing, “5 shots, 7 holes.”
Durbin said, “As Ranking Member of the Senate Judiciary Committee, I have directed my staff to continue gathering evidence of potential violations of Section 242, and we will provide this evidence to the Justice Department in due course.”
In addition to Durbin’s and Duckworth’s actions, Illinois elected officials are hard at work documenting the crimes committed by federal agents. The Mayor of Evanston has opened an investigation after federal agents pinned down a man and struck him in the head. The Village of Broadview is conducting criminal investigations related to ICE’s use of tear gas and rubber bullets against first responders and peaceful protestors. Tomorrow, the Illinois Accountability Commission will hold its first public hearing, which will examine the widespread use of chemical agents during “Midway Blitz.”
Durbin said, “There will come a time when the people responsible for the assaults, tear gassing, and unjust detention during these lawless immigration enforcement actions will face real accountability. These officials swore an oath when they began their service to preserve and protect the Constitution. But in their roles as federal law enforcement officials, there is ample evidence that they have violated the very rights they promised to defend.”
Durbin concluded, “Today, I am putting those participating in ‘Operation Midway Blitz’ on notice. You can continue to terrorize people. You can ignore the rulings of our courts, our laws, and our Constitution. You can hide behind your masks. You can ignore the due process requirements of the Constitution. But the day will come when justice will be served. The day will come when you will be held accountable. The day will come when this pitiful display of meanness and intolerance will become one of the saddest chapters of our nation’s history. And you will be held accountable.”
Video of Durbin’s remarks on the Senate floor is available here.
Audio of Durbin’s remarks on the Senate floor is available here.
Footage of Durbin’s remarks on the Senate floor is available here for TV Stations.
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